CHAPTER 921
Utilities Generally
Utilities Generally
921.01 Purpose; definitions..
921.02 Establishing utility service.
921.03 Deposits, service charges.
921.04 Unpaid charges a lien on the premises as authorized by State law.
921.05 Budget payment system.
921.06 Termination of service, generally.
921.07 Termination for nonpayment; collections.
921.08 Termination procedures.
921.09 Payment arrangements and responsibility.
921.10 Tampering with utility meters.
921.11 Request for utility service extension outside the City.
921.12 Billing adjustments.
921.99 Penalty.
CROSS REFERENCES
Destruction of property - see GEN. OFF. 541.04
Utility service charges for public shows, exhibitions, circuses - see BUS. REG. 753.04
Laying sewer and water laterals in streets - see S.U. & P.S. 901.04
Water rates - see S.U. & P.S. 923.01
Sewerage service charges - see S.U. & P.S. 925.03
921.01 PURPOSE; DEFINITIONS.
(a) This chapter governs the provision of utility billing services, including those for water, sewer, electric and sanitation and any other utility services provided by the City, and all matters related to operation and maintenance, including but not limited to the establishment, billing, termination, disconnection, and re-connection of service, and any and all other subjects as may be incident thereto. The Director of Public Service is hereby authorized to promulgate rules and regulations concerning the provision of utility services in accordance with this Chapter.
(b) As used in this chapter:
(1) "Premises" means any lot or other parcel of real property recognized by the Summit County Fiscal Officer for tax or assessment purposes, even if exempt from taxation, as well as any residential, commercial or institutional units thereof that are separately metered for utility service.
(2) "Customer" means any person, corporation, or other entity that:
A. Has established an account with the City for the purpose of purchasing any utility service, or
B. Is the Owner of any Premises served by a water and/or sewer connection, or
C. Is in lawful possession of a Premises receiving any Utility Service, by lease, rental agreement, decree of foreclosure, a will or probate administration, power of attorney, receivership, or other means.
(3) "Utility Service" means any of the City's electric, water, sewer, and sanitation services.
(4) "Owner" means the person, corporation or other entity whose name appears on the Summit County tax duplicate as the owner of any Premises, and any successor or transferee of such person, corporation or other entity.
(5) An Owner who is deemed a Customer at any Premises solely by operation of subsection (b)(2)B. shall be deemed a Customer only with respect to the water and sewer services used there.
(Ord. 15-2012. Passed 2-13-12.)
921.02 ESTABLISHING UTILITY SERVICE.
(a) Customers may establish a utility account with the City by application providing such information as the City determines necessary, and paying the appropriate deposit as provided herein. The City shall not provide a utility account to any person who has a delinquent unpaid balance on any other utility account with the City, unless the same is subject to an order of relief, or has been discharged, in bankruptcy.
(b) Water and sewer accounts will be established and shall remain in the name of the owner of the premises served thereby, and the owner of any premises shall be and remain primarily liable for water and sewer charges incurred there. However, water and sewer accounts may additionally be placed in the name of a tenant or other customer who agrees to be secondarily liable for water and sewer charges incurred at the premises served. Water and sewer bills may be combined with other utility service bills in order to produce a single combined bill to be provided to a tenant or other customer who is not the owner. The combination of bills in this manner shall not affect the owner's primary liability for water and sewer charges. Unless otherwise requested by the payor at the time of payment, payments made on a combined bill will be apportioned to the various utility account balances at the City's discretion. Utility customers who are renting the premises to which utility services are to be provided shall provide the City with a copy of a signed lease, rental agreement, or other document, valid as of the date of the application, which sets forth, as between landlord and tenant, their respective obligations to pay utility bills. The City may require proof of ownership before creating an account in the name of an owner.
(c) By establishing a utility account, the customer is deemed to agree to all rules and regulations governing utility services and to pay all lawful charges related to the furnishing of any City utility services to the customer's premises.
(Ord. 15-2012. Passed 2-13-12.)
921.03 DEPOSITS, SERVICE CHARGES.
(a) Except as provided in subsection (b) of this section, utility customers shall pay the applicable deposits indicated in the following table upon application for any utility service. Except as provided in subsections (b) and (d) below, once a deposit has been placed on account for any utility service at any Premises, no further deposit shall be required of that customer for that account. Deposits will not earn interest.
Type of Premises | Deposit |
Residential Apartment | $200.00 |
Residential Single Family, Townhouse or Duplex | $250.00 |
Residential All Electric | $250.00 |
Commercial (Small/Medium) (GSS and GSM electric schedules; water meters less than 1") | Lesser of 2 Months usageor $1,000, but not less than $250.00 |
Commercial (Large/Distribution) (all other commercial electric schedules; water meters 1" or greater) | Lesser of 2 Months usage or $10,000 |
(b) Required deposits must be received by the Utility Billing Department before new service or a new account will be established. Notwithstanding subsection (a), but subject to subsection (d) below, the following conditions shall apply to any request to establish new service, open new account, or re-establish service after involuntary termination:
(1) A deposit will not be required of a bona fide owner-occupant of a residential premises, unless the customer has twice been delinquent on a utility account within the prior two years.
(2) A deposit will not be required of an Owner to secure water and sewer accounts if a tenant or other customer has placed a deposit on the account or is exempt from placing a deposit pursuant to subsection (b)(3) below.
(3) A deposit will not be required of any prior customer whose immediate past account history with the City is twenty-four (24) consecutive bills each paid in full by the due date.
(c) Deposits will be held in trust for the customer's account and will be applied to the account and/or refunded to the customer as follows:
(1) When all accounts held by a customer at a premises are voluntarily closed, any deposit on those accounts will be applied to the final bill, and a refund of any remaining balance will be paid to the depositing customer.
(2) When any utility service is involuntarily terminated, or the Premises served by a delinquent account is vacant or abandoned, the customer's accounts at that premises may be closed if the customer does not reestablish service within fourteen (14) days of termination, or bring the account current within fourteen (14) days' notice to do so. In that event a final bill shall be prepared, any deposit on those accounts will be applied to the final bill, and a refund of any remaining balance will be paid to the depositing customer.
(3) When a customer pays each of twenty-four (24) consecutive bills at any premises in full by the due date, the customer's deposit on accounts at that premises shall be refunded to the depositing customer.
(4) The accounts of a customer who becomes a petitioner in U.S. Bankruptcy Court shall be closed, with final charges prorated as of the petition date. Any deposit held on the accounts will be applied to any outstanding pre-petition balances of that customer, and any remaining balance will be paid to the depositing customer.
(5) Notwithstanding subsection (c)(1) through (4), a deposit placed by an Owner solely to secure water and sewer accounts at a tenant-occupied premises shall not be applied to settle outstanding balances on any account except water and sewer accounts at that premises. A deposit placed by a tenant or other customer shall not be applied to settle outstanding water and sewer account balances unless there are no other outstanding account balances at that premises and the tenant or other customer has previously agreed to be responsible for water and sewer charges. Application of tenant deposits to water and sewer charges does not affect the Owner's primary liability for water and sewer charges that remain unpaid.
(d) Any new account opened by a bankrupt customer or a customer that has been a petitioner in bankruptcy in the previous six (6) years shall be subject to the deposit requirements of subsection (a) of this section, without regard to the deposit waiver provisions of subsection (b). Charges on a new account opened at the same location by the bankrupt customer shall be prorated forward from the petition date. A bankrupt customer who does not open a new account and pay a new deposit in accordance with this subsection within twenty (20) days of the order for relief issued in the customer's bankruptcy case shall be subject to termination of service.
(e) The following service charges shall apply to all customers:
SERVICE | CHARGE |
Connection, reconnection or disconnection of any utility service at the request of the customer on Saturdays, Sundays and holidays, and after 5:00 p.m. (in addition to full payment of unpaid utility balance) | $100.00 |
Connection, reconnection ordisconnection of any utility service at the request of the customer on regular business days from 8:00 a.m. to 5:00 p.m. (in addition to full payment of unpaid utility balance) | $50.00 |
Electric and water meter testing at the request of the customer. Should the meter be found to register more than two percent high, the fee shall be returned to the customer. | $25.00 |
Late payment penalty, charged for each bill that is not paid in full by the due date shown on the bill. For purposes of this provision, a bill is considered paid when the payment is received by the City. | 10% of bill |
Charge for NSF or Account Closed Check | $30.00 |
Nonrefundable Application Fee to establish Account | $10.00 |
Administrative charge applied to customers that have been put on notice of termination for non-payment of utilities pursuant to Section 921.08
. (There is no fee for the first time such notice is issued in each calendar year) | $25.00 |
Administrative charge applied to customer’s who tamper with, or allow another to tamper with, a utility meter under their control as defined in Section 921.10
(d). | $250.00 |
(f) The fees provided for under subsection (e) shall be waived as follows:
(1) Connection fees shall be waived for a new customer opening a new account and physically occupying the premises served.
(2) Disconnection fees shall be waived where an active customer requests a final reading, permanently closes the account, and physically vacates the premises served.
(3) Disconnection and reconnection fees shall be waived when, in the opinion of the Director of Public Service, the request was made as a result of a bona fide emergency such as fire, flood, or storm damage resulting from no fault of the requesting customer.
(4) The nonrefundable application fee shall be waived if the customer has had an active utility account within the previous twenty-four (24) months, or has made an application within the previous twenty-four (24) months.
(Ord. 38-2019. Passed 6-10-19.)
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